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2019 The Humble Bumble Project is a registered 501(c)(3) public charity. 

Privacy Policy

Terms of Use

 

Privacy Policy

HUMBLE BUMBLE PROJECT, INC.

Humble Bumble Project, Inc., a 501(c)(3) corporation (“HBP”), is committed to protecting the privacy and confidentiality of personal information entrusted to us. We have designed this Privacy Policy to answer questions regarding our privacy principles and practices.

 

What is Personal Information?

This Privacy Policy is applicable to all users (“Users”) of the HBP website found at www.humblebumbleproject.com (the “ Website”), as well as other websites developed by HBP now or in the future (“HBP Sites”) and HBP web pages on third party sites such as Facebook and LinkedIn (“Third Party Sites,” and together with the Website, and the HBP Sites, the “ Sites”) and all Users of the Sites who provide personal identifiable information (“personal information”). When this Privacy Policy uses the term “personal information”, we mean information that identifies a particular individual, such as the individual's full or partial name, postal address, email address and telephone numbers. Some jurisdictions may call personal identifiable information "personal data" or "personally identifying information," and may include opinions about or related to a User within the definition of personal information.

 

What Is the Scope of Our Privacy Policy?

This Privacy Policy addresses our policies and procedures relating to the personal information of individuals. This Privacy Policy is intended to assist you in understanding HBP's policies and procedures relating to our management of personal information and is applicable to HBP, its successors and assigns, and any affiliates of HBP. This Privacy Policy is applicable to the personal information of all Users of the Sites. Please note that each Third Party Site has its own privacy policy and terms of service that are not affected by this Privacy Policy or the Terms of Use governing our Website (the “Terms of Use).

Personal and Other Information Collected by HBP

HBP collects personal information that is voluntarily provided by you when you explore the Sites, make a donation, use our Services (as defined in the Terms of Use), register for an Event (as defined in the Terms of Use), purchase an item from the Gift Shop, submit comments to the Guest Forum or other areas of the Sites, or communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include:

  • Your name, mailing address, and/or email address;

  • For children, the name, mailing address and/or email address of a parent or legal guardian;

  • Telephone number;

  • Gender;

  • Date of birth;

  • Purchase history;

  • Donation and fundraising events and history;

  • Forum/Guestbook communications and photos; and

  • Complaints you may have about the Sites and any of their content and offerings.

This type of information is collected, used and disclosed in accordance with the form of consent required by applicable law and its use is limited to the objectives for which it was collected, as described in this Privacy Policy.

We may collect information through technology for routine system administration purposes, to make our Website more interesting and useful to you, to manage content delivery and for various other purposes related to our foundation. We use this information to understand which areas of our Sites are most appealing or least appealing, or to deliver content that is specific to your country or area of residence.

For instance, when you come to one of our Sites, we may collect your Internet Protocol (“IP”) address. An IP address is associated with the access point though with you enter the Internet and is typically controlled by your Internet Service Provider (“ISP”), your company or your school. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which Users visit various parts of our Sites, and we may combine IP addresses with personally identifiable information.

HBP may also collect information that is stored in cookies, and we may associate this information with your personal information. Cookies are small pieces of information stored on your hard drive, not on our Sites. We use cookies for a number of reasons. Cookies allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how Users in general use our Sites, which in turn helps us to focus our resources on features that are most popular with our Users. You are always free to decline our cookies if your browser permits, but some parts of our Sites may not work properly if you do. Additionally, HBP may use first-party and third-party cookies for integrated services, external services, and applications that our website(s) support. 

We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personal information. If you purchase products or services from us, we may retain, for example, credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our Sites. Finally, our Sites may offer message boards, conversation pages, profile pages, blogs, fundraising pages, public forums and other features in which you provide us with User Content. If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party. Our rules regarding User Content are described in the Terms of Use.

Consent

We reserve the right to collect, use and disclose your personal information without consent where required or permitted by law.

Otherwise, personal information will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g., by giving us your name and contact information so that we may send any Gift Shop items you have ordered or to provide you with any Services) or inaction (e.g., by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your personal information is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.

Why Does HBP Collect Personal Information?

HBP collects personal information for the following reasons:

  • To provide you with the information, products or services you have requested, including processing your payment or donation;

  • To better understand you and to allow us to serve you better through more detailed information, enhanced customer service and directed Humble Bumble Project, Inc. promotional efforts of particular interest;

  • To properly investigate and respond to any complaints, questions or concerns you may have about our products or our Website; and

  • To determine your eligibility for our products and services.

If you opt-in to receive information, offers, promotions or other content from HBP, your information will be used to provide you with offers for HBP products or information that we believe may interest you and to solicit your opinion on our products, services and information. If you have opted in to receive such information and offers, we may also use your personal information to ensure that your contact information is accurate and up to date.

 

What Kind of Personal Information Does HBP Disclose, to Whom and Why?

HBP may share your personal information with certain HBP affiliates, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified above. In addition to this sharing with affiliates, HBP may disclose your personal information to third parties as follows:

  1. To Third Parties To Perform Processing and Other Specialized Services: At times, HBP may use outside organizations to perform specialized services such as, but not limited to, credit card processing and order fulfillment. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.

  2. To Third Parties in the Event of Legal Reasons: We advise you that we may disclose personal information to the government or other legal or regulatory authorities (i) if so ordered by a court of law, or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect HBP's rights and property; (c) to investigate reports of fraud or of Users sending material using a false email address or Users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Website; or (e) in emergencies, such as when we believe someone's physical safety is at risk. In some cases, disclosure to third parties may be required by law to be without notice to you.

  3. To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving HBP or any of its affiliated entities such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to HBP's various databases as part of the due diligence process. In this event, HBP would only provide such access under terms of a strict confidentiality agreement. Upon completion of the transaction or event, your personal information would be transferred to HBP's successor-in-interest.

You May Disclose Personal Information on an HBP Site

HBP provides several opportunities on our Website and on Third Party Sites to disclose personal information, such as when you list upcoming fundraising activities on a user page or in connection with your use of other Services provided by HBP. Our Sites may offer message boards, conversation pages, profile pages, blogs, fundraising pages, public forums and other features in which you provide us with User Content. Your use of these features and your disclosure of personal information with respect to these features is completely voluntary; however, if you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party.

 

How Long Does HBP Retain Personal Information?

We may keep your personal information until we no longer retain it, or until you ask us to delete it, subject to any legal requirements, including statutory retention periods.

What Security Measures Does HBP Have in Place To Safeguard Personal Information?

HBP has implemented physical, electronic and administrative measures to reasonably protect your information from error, loss or unauthorized access. For example, we use encryption, passwords and firewalls to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose. From time to time, we review our security procedures to protect our Users’ personal information in order to consider appropriate new technology and methods; however, despite our efforts, no security measures are perfect or impenetrable.

Where is my Personal Information Located? 

Your personal information may be stored and processed in servers, including those of our authorized third parties, currently located in the United States. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.

 

Non-Personal Information

Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. When Users browse our Website, for example, we may gather information about the number of Users who are viewing each page so that we can learn what features generate the most interest. We also use this data, both aggregated and personally identifiable, to personalize and enhance your onsite experience by displaying content that we believe will be of interest to you and to deliver content that is specific to your interest. We may disclose anonymous, aggregated information about our Sites to third parties.

Links to Third Party Sites

Users may, through hypertext or other computer "links," gain access to other websites on the Internet which are not operated or monitored by HBP. HBP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HBP of the website or content linked to. HBP ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE OPERATED BY HBP AND ITS AFFILIATES, INCLUDING ANY WEBSITE WHICH MAY BE ACCESSED THROUGH A LINK ON AN HBP-OPERATED SITE. Unless otherwise indicated at an HBP-operated Site, HBP is not sponsored by or affiliated with the linked website, and trademarks used in connection with linked website are not trademarks of HBP. HBP specifically disclaims responsibility for any inadvertent viewing by a minor of any material intended for adults on a website accessed through use of a linked website.

How To Control How Your Personal Information is Collected, Used and Disclosed

You have control over how we collect, use and disclose your personal information. Any comments, questions or changes regarding the collection, use and disclosure of your personal information shall be directed to an HBP representative, as described below.

You may choose not to receive email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to the processing of your transactions with us are included in each such email.

A request for a copy of the personal information we keep about you, depending on the laws of your country, must be made in writing giving details with which HBP can identify you. Information will be furnished in accordance with applicable law.

Questions, Comments or Accessing or Updating Your Personal Information:

If you have any questions or comments about HBP's Privacy Policy, would like to advise us how you would like your personal information not to be used or disclosed, or would like to access or update your personal information please contact HBP at info@humblebumbleproject.com. You can also write to us at Humble Bumble Project, Inc., 23 East Ave #2, Wellsboro, PA 16901.

Please note that certain information is required by HBP to process payment and fulfill any orders or donations that you may place through the Website, and if you withdraw your consent to the collection, use or disclosure of your personal information for these purposes, then HBP will not be able to fulfill your orders or process donations.

Acceptance of Privacy Policy/Amendments to Privacy Policy 

This Privacy Policy outlines the information usage practices of HBP. By accessing, browsing or using this Website or by submitting your personal information to HBP, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit your personal information to us. We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. If, at some point in the future, there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the Website and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize the Website if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, or if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicated by clicking to indicate your consent for the continued provision of your personal information to HBP following the effective date of any changes to this Privacy Policy, shall mean that you have accepted those changes, subject to your continuing right to notify us at any time as to how you would like us to treat your personal information.

Users Outside of the United States

Our computer systems and some of the computer systems of our third-party service providers are currently based in the United States, so your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. As a visitor from outside the United States, by using the Site you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy. 

 

Children's Privacy 

Types of personal information collected : Under the Children’s Online Privacy Protection Act (as amended, “COPPA”), “personal information” is defined as individually identifiable information, such as a first and last name; a home or other physical address, including street name and city or town; an e-mail address; a telephone number; a Social Security number; or persistent identifiers such as customer or processor serial numbers held in a cookie, where the identifier is associated with individually identifiable information. HBP may not collect personal information as defined under COPPA. We collect and use only as much information about a child as necessary for the activity, and do not condition participation in any online activity on the disclosure of more personal information than is reasonably necessary. Occasionally, we use cookies to store pertinent User information during a session.

Use of personal information: We use the information we collect from children only for internal business purposes, for the child to participate on the Sites, and/or to give credit to children for work they have created. We contact children by e-mail only in response to their requests for information or assistance. HBP uses cookies solely for the purpose of holding information during online sessions. If, however, a child voluntarily discloses personal information, such as a name or e-mail address, on bulletin boards or in chat areas that are accessible to other Users, then such information could be collected and disclosed by others. HBP cannot take any responsibility for such collection or disclosure.

Involvement of parents: In accordance with the provisions of COPPA, we will notify parents when collecting personal information from children, and will seek parental consent before collecting, using, or disclosing certain personal information from children. Parents may review and have deleted their child's personal information and may refuse to permit further collection or use of their child's information by contacting the HBP representatives listed herein. Parents may consent to our collection and use of their child's personal information without consenting to the disclosure of that information to others.

 

Parents and legal guardians may contact HBP as follows:

Humble Bumble Project, Inc.

23 East Ave #2, Wellsboro, PA 16901

info@humblebumbleproject.com

Phone: (570) 439-648

 

Terms of Use

HUMBLE BUMBLE PROJECT, INC.

 

1. Introduction

Humble Bumble Project, Inc. operates a website, www.humblebumbleproject.com (the “Website”) and several web pages on other web sites (e.g., Facebook and Twitter) (“Third Party Sites,” and together with the Website, the “Sites”). The Sites are owned and operated by Humble Bumble Project, Inc. (“HBP”), a Pennsylvania 501(c)(3) corporation, which is located at 23 East Ave #2, Wellsboro, PA 16901. If you have any questions regarding the Sites, they can be sent to our attention at this address. You may also contact Humble Bumble Project, Inc. by email at info@humblebumbleproject.com.

Through the Sites, you may, among other things, learn more about the HBP and about issues surrounding pediatric and adolescent and young adult (AYA) cancer, donate to fight pediatric and AYA cancer or otherwise get involved with HBP through registering, fundraising and participating in events, and user fundraising pages, including blog comments. We hope that you will enjoy our Sites and will visit us often. So that you may fully enjoy our Sites, we would like you to be aware of the rules that will govern your use of the Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY, AND IF YOU ARE UNDER THE AGE OF THIRTEEN IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THESE TERMS OF USE ON YOUR BEHALF. YOU INTEND TO BE, AND AGREE TO BE, LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE BY CLICKING THE BUTTON BELOW OR THROUGH YOUR CONTINUED USE OF THE SITES, THE SERVICES (AS DEFINED BELOW) OR PARTICIPATION IN ANY EVENT (AS DEFINED BELOW). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITES OR THE SERVICES OR TO PARTICIPATE IN ANY EVENT. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

These terms of use is a contract between you and HBP and applies to all users of the Sites (the “Terms of Use” or “Terms”). In these Terms of Use “you”, “User” or “your” means any person or entity using the Sites, provided that if such person is under the age of thirteen, “you” and “your” also includes such person's parent or legal guardian. Unless otherwise stated, “HBP”, “we” or “our” refers to Humble Bumble Project, Inc., a Pennsylvania 501(c)(3) corporation, and its successors and assigns.

2. Amendments

We may amend or supplement these Terms of Use at any time. Please check these Terms of Use periodically. When we make changes to these Terms of Use, we may notify you of the changes by posting the revised version on the Sites. If you do not agree to the amended Terms, you may not continue to access or use the Sites. Your continued use of the Sites following the posting of changes to these Terms of Use shall be deemed to be your acceptance of the revised version of the Terms.

3. Privacy Policy

Our Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into these Terms of Use by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we may notify you of the changes by posting the revised version on the Sites. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Sites or utilize any Services. Any other posted guidelines or rules applicable to any individual use of the Sites, the Services or any particular Event will form part of these Terms.

4. Links to Other Websites

While HBP may provide links to the Sites and to other websites of unaffiliated third parties, these sites are not part of the Sites, and each has a different user agreement or terms of use. In addition, to the extent such linked websites are not owned or operated by affiliates of HBP, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our affiliated websites or any third-party websites to whom we provide links. HBP is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by HBP of the website or content linked to. HBP ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS, INCLUDING WITH RESPECT TO YOUR PARTICIPATION IN EVENTS ORGANIZED, ADMINISTERED OR OPERATED BY THIRD PARTIES ASSOCIATED WITH SUCH THIRD-PARTY WEBSITES LINKED TO OUR SITES. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third-party websites. Furthermore, the trademarks used in connection with such third-party websites are not trademarks of HBP.

 

5. Ownership of Intellectual Property and Restrictions on Use of HBP Materials

All products, services, content, information displayed, performed or otherwise accessible through the Sites, including, without limitation, Gift Shop items, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “HBP Materials”) are the property of HBP, its partners, affiliates, third party licensors and suppliers and/or any of the successors and assigns of the foregoing (collectively, the “HBP Group”), and are protected, without limitation, by United States and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of these Terms of Use, the use of any HBP Materials on any other website or networked computer environment is prohibited.

These Terms of Use grant to you a limited license to access and use the Sites for your personal, non-commercial use, provided that this license is limited to the display of the HBP Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the HBP Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. Except as expressly provided above, you agree that no portion of the Sites may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the HBP Materials in a manner that suggests an association with any of our products. You may not make any modifications to any HBP Materials other than as expressly permitted by us. This limited license is non-assignable and non-transferable.

Without limiting the generality of the foregoing, you agree that you shall not (i) download or copy any of the Sites pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Sites for your own personal, non-commercial use; (ii) download or copy the Sites’ information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Sites or the HBP Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Sites or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Sites and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of HBP or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of HBP or its licensors.

HBP has the right to vary, modify, change or discontinue (i) any feature or function offered on the Sites; (ii) any part of or all of the Sites, including hours of availability and the Services provided; and (iii) to restrict access to parts of or all of the Sites from time to time with or without notice to you. HBP may make available and upgrade the Sites on the same terms and conditions as these Terms of Use and any such upgrades will form part of the Sites.

6. User Content

Certain areas of this Sites may permit you to send to HBP materials, information and other submissions. HBP values your feedback on the Sites, and to help us better understand your remarks, HBP requests that you be as specific as possible in your comments on the Sites. Upon submission, all content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to HBP or otherwise posted on the Sites shall be deemed to be, and shall remain, licensed to HBP. You hereby grant (or warrant that the owner of such rights has expressly granted) to HBP, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any additional compensation to you. Except as set forth in the Privacy Policy, none of the User Content shall be subject to any obligation of confidence on the part of HBP, and HBP shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, HBP may, but is not obligated to, use and publish the User Content at the Sites or elsewhere for purposes that include, without limitation, new or enhanced products or services, marketing and public relations.

You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by HBP or its affiliates of any User Content

.

You are responsible for all User Content posted by you. HBP HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. HBP does not and cannot review every submission by Users and is not responsible for, nor does it endorse the content of such submissions. However, HBP retains the right, but not the obligation, to review, edit or delete any User Content which HBP deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

 

7. User Code of Conduct

The Sites are provided by HBP and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Sites. Users of the Sites acknowledge and agree that they may not:

  • Use the Sites in such a way as to offend or interfere with the use by anyone else of the Sites;

  • Upload, submit, publish, transmit, display, disseminate or otherwise communicate (or attempt to do any of the foregoing) any materials while connected to or otherwise using this Sites that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.

  • Use the Sites for any unlawful purpose, including attempting to or engaging in any criminal activity including, child pornography, stalking, sexual assault, harassment or fraud, or otherwise use the Sites to in any way harm minors;

  • Impersonate any other person or entity, falsely state such user’s affiliation with such other person or entity or submit any personal information to the Sites, about the user or others, that is not accurate or truthful;

  • Attempt to circumvent the security systems of the Sites;

  • Attempt to gain access to any other User's accounts or to HBP’s computer systems (Users should recognize that not all areas of the Sites may be available to you);

  • Attempt to harvest or otherwise collect information about other Users without their consent;

  • Attempt to use the Sites for any purposes other than those intended by HBP; or

  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment

 

HBP cannot and does not guarantee that other Users of the Sites will abide with the rules above or otherwise herein.

8. Use of Services

While accessing and using the Sites, from time to time HBP may provide you with certain services (“Services”), such as web page development tools and the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage, in certain cases in connection with fundraising events and activities in which you may engage. Such Services are provided subject to the Terms of Use.

HBP reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, User Content or email will be retained. HBP shall have no responsibility or liability in connection with the Services, including in relation to any deletion or failure to store your information, pictures, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of HBP.

HBP reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, any one or more of the Sites or the Services (or any part thereof) with or without notice. You agree that HBP shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any Sites or Services.

9. Your Obligations

In exchange for receiving the Services, you agree that you will not use the Services for any purpose other than in connection with helping HBP fulfill its mission, which is to change the lives of children with cancer through funding impactful research, raising awareness, supporting families, and empowering everyone to help cure childhood cancer. Furthermore, you agree to use the Services in accordance with all of the Terms.

You may select a log-in and password upon completing the user account's registration process for which you are responsible for maintaining the confidentiality. In addition, you accept full responsibility for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify HBP of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.

10. Termination of Services

You agree that HBP may, in its sole discretion, immediately terminate any associated email addresses or links without any prior notice. Causes for such termination may include, but not be limited to, (i) breaches or violations of these Terms of Use, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions) or written statement that you no longer wish to be bound by these Terms of Use, (iv) discontinuance or modification to the Services (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites, (viii) completion of the HBP event or program in which you are participating, and/or (ix) any other reason reasonably considered by HBP to be in its best interest.

Termination of your HBP account may include, at HBP's sole discretion, (i) removal of access to all offerings within the Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of the Service.

You also agree that HBP shall not be liable to you or any third-party for any termination of your access to the Services. Upon termination, HBP will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to HBP with respect to the Services terminated, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.

11. Participation in Events Waiver

From time to time, you may choose to register for and engage in events, activities and other fundraising and related programs (collectively, the “Events”) through the Sites, including but not limited to, holding benefit events, participating in runs or races, golf outings and other activities to raise money and awareness of HBP and its mission. HBP appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.

WAIVER, INDEMNITY AND RELEASE OF LIABILITY:

You acknowledge, agree and understand that while participating in any Event or in training programs and other related activities, you may be using public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.

In consideration of the acceptance of the Services provided by HBP in connection with any such Event, you assume full and complete responsibility for any injury or accident which may occur during your participation in any Event, and you hereby release, indemnify and hold harmless the HBP and its affiliates and all HBP employees and other persons and entities associated with this event (all individually and collectively known as “releasees”), from any and all claims, losses, injuries, and liabilities, or damages (collectively, “Damages”) that you have or may have in the future based upon any acts or omissions, whether known or unknown, relating to, arising out of, or in connection with, any such Event, WHETHER SUCH DAMAGES BE CAUSED BY YOU OR BY THE NEGLIGENCE, OF ANY DEGREE, OF HBP, ITS AFFILIATES OR EMPLOYEES OR OTHER PERSONS OR ENTITIES ASSOCIATED WITH ANY SUCH EVENT. These Terms of Use may not be modified orally or in writing by any individual. Your participation in any Event is at your own risk.

You acknowledge, agree and intend by the foregoing Waiver and Release of Liability to release in advance, and to waive your rights and to discharge all of the releasees (as defined above), from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.

You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by HBP and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.

On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the Release and Waiver of Liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.

By registering for any Event, continued use of the Sites or any Services in connection with any Event, or selecting the “I AGREE” button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.

12. Spam

The publication of electronic mail addresses on the Sites is to facilitate communications relating to the functions of the Sites and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. You agree that you will not spam or otherwise send unsolicited mailings to any person or entity using the Sites.

13. Disclaimers

THE USE OF THE SITES OR THE SERVICES OR PARTICIPATION IN ANY EVENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND THE HBP MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HBP GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITES, THEIR CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES, OR ASSOCIATED WITH THE USE OF THE SITES, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

THE HBP GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVICES, THE HBP MATERIALS, OR ANY WEBSITE TO WHICH THE SITES ARE LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITES OR THE SERVICES AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE TO AN HBP REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, THE HBP GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, THE HBP GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SITES, THE SERVICES OR THE HBP MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITES AND ANY HBP MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE SITES. IF YOUR USE OF THE SITES OR THE HBP MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE HBP GROUP ARE RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

14. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE HBP GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE HBP MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE HBP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, HBP IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE HBP GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE HBP MATERIALS OR FUNCTIONS AT THE SITES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE SITES OR (II) $100.

NOTWITHSTANDING THE GENERALITY OF THE ABOVE, HBP DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY HBP'S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF HBP.

15. Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE HBP GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE HBP GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SITES AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY GIFT SHOP ITEM; (IV) YOUR USE OF THE SERVICES; (V) YOUR PARTICIPATION IN ANY EVENT; AND/OR (VI) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH HBP IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

16. Jurisdictional Issues and Dispute Resolution

This Website is controlled, operated, hosted and served by HBP in the Commonwealth of Pennsylvania, USA. If you choose to access and use this Website or the other Sites from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of these Terms of Use are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts of the Commonwealth of Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use.

 

17. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Sites or the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within 45 days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Philadelphia, Pennsylvania, U.S.A. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

18. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND HBP ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND HBP BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND HBP BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

19. Final Note to Parents

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site (http://www.the-dma.org/). It contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

20. General Provisions

These Terms of Use and our Privacy Policy (or any previous Privacy Policy) contain the entire understanding between you and HBP in connection with your access and use of the Sites. If any provision of these Terms of Use is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of these Terms of Use will remain in full force and effect. Notwithstanding the foregoing, if any provision of these Terms of Use which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from these Terms of Use. Your use of the Sites or the Services or your participation in any Event is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and HBP other than that of independent contractors. These Terms of Use may not be assigned by you.

PLEASE VIEW OUR PRIVACY POLICY.

21. Current and Prior Versions of These Terms

The Terms were last revised and posted May, 12, 2019, and effective on that date. Prior versions of these Terms include the following:

Prior to May, 12, 2019

If you agreed to be bound by a prior version of these Terms, but do not agree to be bound by the current version of these Terms, then cease using the Sites, the Service and you will continue to be bound by the applicable version of these Terms that you agreed to. Otherwise, by continuing to use the Sites and the Services, you agree to be bound by the current version of these Terms instead of any prior version of these Terms.